# Conferment of powers

- **Citation:** C.L. No. 17/Admn
- **Court:** Allahabad High Court
- **Decided:** 1975-01-10
- **Case number:** C.L. No. 17/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/conferment-of-powers-163704
- **Pages:** 1

## Text

423
(iii)
Conferment of powers
C.L. No. 17/Admn. (B) dated 28th January, 1975 read with
C.L. No. 44 dated 9th April, 1975

The Court has conferred powers of Judicial Magistrate second class on the
Executive Magistrate mentioned in the Court's notification No. 1/Admn.(B) dated
January 10, 1975, in addition to their own duties subject to the following conditions :-
They shall work under the supervision of the Sessions Judge and Chief Judicial
Magistrate and shall do such work as may be assigned to them.
They shall comply with the instructions issued by the High Court and if work is
not done properly by them, the High Court will withdraw the powers so conferred.
They shall fix certain days in the week for judicial work and on those days, they
shall sit in court throughout the day and dispose of the criminal work. Absence from duty
on such day may be condoned only in case of maintaining law and order situation and for
no other reasons.
C.L. No. 52/Admn. (A) dated 23rd April, 1976

The aforesaid directions shall be applicable to all the Executive Magistrates who
have so far been appointed as Special Judicial Magistrates u/s. 13 Criminal Procedure
Code or who may be appointed as such subsequently.
C.L. No. 102/VIb-11 dated 9th June, 1976

The Executive Magistrates who have been conferred powers of Magistrates First
Class will be given cases under special and local Acts. While doing this work they will be
under the judicial control of the District Judge although the administrative control on
them will be of the District Magistrates. A list of cases under special and local Acts,
which would normally merit a sentence of fine, only may, therefore, be prepared and kept
ready so that as soon as appropriate arrangements are made the selected cases may
immediately be transferred to the Executive Magistrates.
(iv)
Administrative control over Additional Chief Metropolitan Magistrates/
Additional Chief Judicial Magistrates
C.L. No. 51/Xa-9/Admn. (A) Dated August 1, 1991
I am directed to refer to Court's C.L.No. 124/Admn. (D), dated 30.9.1975 and
C.L. No. 198/Admn. (A), dated 10.12.1976, on the above subject, and to say that on a
consideration of the matter, the Court has further decided that Additional Chief
Metropolitan Magistrates and the Additional Chief Judicial Magistrates are subordinate to
the Chief Metropolitan Magistrate/Chief Judicial Magistrate subject to the general
supervision and overall administrative control of the Sessions Judge.
I am, therefore, to request you kindly to bring in the notice of all Magistrates
working under your supervision, the content of this letter for their information and future
guidance.